In most deceased estates if you’re the executor of a Will, you will have to obtain a Grant of Probate from the Supreme Court of South Australia. This grant officially acknowledges that the Will is valid and that you have the right to carry out the administration of the estate.
The Grant is an Order of the Court which lets the world know that a particular piece of paper is the Last Will and Testament of a deceased person, which permits asset-holders like banks and share registries to transfer assets in the name of the deceased into the custody of another person (the executor named in the probated Will).
Obtaining a Grant of Probate is not a simple matter. You should get the assistance of an estate planning lawyer in Adelaide, and like do-it-yourself Will kits, DIY probate can be fraught with unforeseen complications.
What is Involved in the South Australian Probate Process?
An application for a Grant of Probate is not merely a matter of completing a form and paying a fee. Preparing a probate application is an exacting process whose complexity increases with certain types and location of assets owned by the deceased. It is not often a straightforward exercise to obtain & produce the necessary Court documents, and if every one of them isn’t completed according to stringent legal requirements, or if the Will contains any error or inaccuracy (not uncommon) or evidence of potential tampering, your application will almost certainly be requisitioned by the Court. Rectification of the issue will probably involve creation of additional affidavits and refiling of documents, costing the estate even more time and money. Far better to instruct a specialist Adelaide Wills lawyer in the first place.Details
Perhaps you intend to create a Will but just haven’t gotten around to it, or maybe the size of your estate is such that you don’t think you need one. “Dying intestate” is the legal term for dying without a Will or leaving a Will that does not adequately deal with all of your property.
Intestacy is all but a guarantee that your loved ones will suffer a needlessly complex and expensive legal process after your death. Your best protection is to make your wishes known by consulting with a specialist Adelaide Wills lawyer at Genders & Partners.
Family Disputes and Costly Legal Battles
A Will dictates how your assets are distributed and names executors to lawfully carry out your wishes. Without a Will in place, you have no say in who inherits what. There are intestacy laws in every state and territory of Australia that determine the distribution of assets among your nearest blood relatives, but your loved ones may dispute the process and cause drawn-out legal battles, the costs of which are deducted from the estate. These state laws vary from time to time and from place to place, so the precise formula which decides who will inherit your assets depends on when and where you die.Details